John Edwards on Crime

Democratic Nominee for Vice President; NC Jr Senator

We shouldn't take away the right of severely injured victims

Cases that don't belong in the system should never be in the system. But we don't believe we should take away the right of people like Valerie Lakey, a young girl who I represented, five years old, severely injured for life, on a defective swimming pool
drain cover. It turns out the company knew of 12 other children who had either been killed or severely injured by the same problem. Kerry and I are always going to stand with the Valerie Lakeys of the world, and not with the insurance companies.

Source: Edwards-Cheney debate: 2004 Vice Presidential
Oct 5, 2004

Put more responsibility on the lawyers, not the victims

CHENEY: We need to cap non-economic damages, and we also think you need to limit the awards that the trial attorneys take out of all of this. Over 50 percent of the settlements go to the attorneys and for administrating overhead.

EDWARDS: I'm proud of
the work I did on behalf of kids and families against big insurance companies, big drug companies and big HMOs. We do have too many lawsuits. And the reality is there's something that we can do about it. We want to put more responsibility on the lawyers
to require to have the case reviewed by independent experts to determine if the case is serious and meritorious before it can be filed; hold the lawyers responsible for that, certify that and hold the lawyer financially responsible if they don't do it;
have a three-strikes-and-you're-out rule so that a lawyer who files three of these cases without meeting this requirement loses their right to file these cases. That way we keep the cases out of the system that don't belong in the system.

Eliminate mandatory minimums for non-violent crimes

I support greater emphasis on drug treatment and elimination of mandatory minimums for certain non-violent crimes. I also support reform of our probation and parole systems to provide more support and supervision.

Death penalty OK despite flaws, on state-by-state decision

SHARPTON: Senator Edwards, are you saying, since you agree that there's a lot of problems in the death penalty -- and no one has mentioned the racial disparity about those on death row -- that therefore, you would suspend your support of capital
punishment until we dealt with those problems?

EDWARDS: No, I would not.

SHARPTON: So you would proceed even with the flaws?

EDWARDS: I think those changes need to be made in the system. We need to make those changes.
I've been fighting for those changes in the United States Senate.

SHARPTON: But you would let them continue?

EDWARDS: States can evaluate whether their own system is working. I think they vary from state-to-state.
Illinois did that and came to a conclusion that their system was not working. I think we should support that if they make that determination.

SHARPTON: That sounds like states' rights again. I don't agree with that.

EDWARDS: No, it is not.

Source: Democratic 2004 primary debate at USC
Feb 26, 2004

Capital punishment needed-some crimes deserve ultimate

Q: What about this case that means the United States nearly executed over 100 people who didn't do it.

EDWARDS: Very serious issue, and it means we need to take lots of serious steps to deal with it, which means using DNA testing.
It means making all of the most modern technologies available. It means making the court system work, not just for those who can hire the best lawyers money can buy, but for folks who have to have indigent counsel. I've seen what happens in court rooms.
I know how important it is to have a lawyer representing an indigent defendant who knows what they're doing.

Q: Why do you favor capital?

EDWARDS: Because I think there are some crimes --
those men who dragged James Byrd behind that truck in Texas, they deserve the death penalty. And I think there are some crimes that deserve the ultimate punishment.

Source: Democratic 2004 primary debate at USC
Feb 26, 2004

Death penalty for heinous crimes, but applied fairly

Q: Do you support the death penalty?

A: I believe the death penalty is the most fitting punishment for the most heinous crimes, and I support it.
But we need reforms in the death penalty to ensure that defendants receive fair trials, with zealous and competent lawyers, and with full access to DNA testing.

Source: Associated Press policy Q&A, "Death Penalty"
Jan 25, 2004

Supports the death penalty

I support greater emphasis on drug treatment and elimination of mandatory minimums for certain non-violent crimes. I also support the death penalty and reform of our probation and parole systems to provide more support and supervision.

More DNA testing to reduce wrongful capital convictions

Edwards supports bringing DNA technology to smaller police departments, to lower-level crimes, and to cold cases. He also believes we should clear the backlog of untested rape kits in unsolved cases,
and make DNA testing more available to death penalty defendants to reduce the risk of wrongful convictions. He will accompany increased DNA testing with strong protections to safeguard our civil liberties.

Voted YES on $1.15 billion per year to continue the COPS program.

Vote on an amendment to authorize $1.15 billion per year from 2000 through 2005 to continue and expand the Community Oriented Policing Services program. $600 million of the annual funding is marked for hiring additional officers [up to 50,000]

More funding and stricter sentencing for hate crimes.

Edwards sponsored the Local Law Enforcement Hate Crimes Prevention Act:

Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.

Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.

Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.

Award grants to State and local programs designed to combat hate crimes committed by juveniles.